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Roman Aminov’s Answers

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  • If no will is left is property always divided amongst kids or also grandkids? ?

    Just trying to find out if no will is left how does estate get divided. There are 2 older kids. Do grandkids count?

    Roman’s Answer

    If the children are alive, and no spouse survives the decedent, the children share everything equally. If one of the children predeceased, his share goes to his kids. If more than one child predeceases, their combined portion goes to the grandchildren equally. It is always best to have a will in this situation in order to allow for a trust to be established for minor grandchildren; thereby obviating the need for guardianship over their property. You should speak to a knowledgeable attorney to make sure your wishes would be met.

    Sincerely,

    Roman Aminov, Esq.
    Law Offices of Roman Aminov
    Estate Planning - Elder Law - Probate - Real Estate
    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344
    Roman@AminovLaw.com | www.AminovLaw.com

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  • My brother has been on medicaid in NYS apprx 5 yrs. He received an inheritance. Will he have to pay back medicaid.

    My brother's medicaid was NOT used for a nursing or rehab home. It was NOT used for any medical care at the home. It was strictly used for out-patient care that prior to medicaid had cost him $15 per week.

    Roman’s Answer

    Your brother should speak to an elder care attorney to discuss his specific situation. The answer will depend on many factors, and he may need to take steps to further protect his inheritance from Medicaid recovery.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

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  • What does my brother need to do to relinquish his rights to the house?

    My mother passed away leaving behind a house with a reverse mortgage. I am currently in the process of obtaining a loan to satisfy the payoff amount. My brother does not want the house, and wants to give up his rights to the house. What doe...

    Roman’s Answer

    A similar case crossed my desk this week. As Mr. Portnoy noted, your brother could convey his interest to you. Alternatively, if the circumstances allow, your brother could disclaim his interest. If he does not have any children and you are his only sibling, you would be entitled to his share. If he conveys to you without disclaiming, he would be making a gift, which would necessitate his filing a gift tax return. A knowledge probate or real estate attorney should be engaged to work with your bank.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov
    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685
    www.AminovLaw.com

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  • What happens if beneficiaries of POD and TOD accounts pre-decease account owner?

    Suppose there are 2 beneficiaries and both die in an accident, and thereby pre-decease account owner - what happens? Are there beneficiary agreements made with the banks and brokerages for these accounts where contingent beneficiaries can be spec...

    Roman’s Answer

    If all beneficiaries (and contingent beneficiaries, if any) predecease, then the asset becomes part of the decedent's probate estate.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

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  • Executrix is delaying the sale of my late fathers house

    The house is to be sold, but there is no "For Sale" sign in the yard. I can't get any information from executrix or the attorney.

    Roman’s Answer

    I find that good communication can prevent unnecessary legal fees from accruing. Speak to him, write him a letter, and let him know that, if no response is given, your next step is to hire an attorney to request a judicial accounting. Best of luck!

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

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  • Do I need to hire an attorney to make a will?

    I'd like to file a will and have all of my information, can I do this without an attorney?

    Roman’s Answer

    There are many reasons why it doesnt make sense to write your own will. I just finished writing an article on this topic which is titled "What's So Bad About Writing Your Own Will?" where I highlight some real life examples of things gone wrong. The link is attached below.

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  • What steps should I make so my wife will be able to inherit my apartment?

    I have a real estate property, namely a condominium apartment. I am the only owner of it, and I have bought it when I was single. Now I am married, and I don't want to enter my wife into property ownership, but I want to leave my apartment to her ...

    Roman’s Answer

    I would look into creating a revocable living trust to avoid probate on the condominium. An estate planning attorney would be helpful in this regard.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

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  • How can I get power of attorney to access my elderly mother's bank account?

    My 86 yrs. mom has dementia. She was removed from her home a week ago and taken to the hospital. She was removed by nyc aps (adult protective services). They will not let her be released from hospital until heat is restored in the home. The probl...

    Roman’s Answer

    Mr. Pippen offers sound advice. A person needs to have the requisite mental capacity in order to execute a power of attorney. It sounds like your mom may not have that. You should speak to an elder law/guardianship attorney to determine the best way forward in your situation; a guardianship may be necessary.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

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  • I ONLY HAVE MY NAME ON THE DEED AND MORTGAGE TO OUR HOME. I WANT TO BE SURE MY WIFE GETS THE HOUSE IF I DIE. WHAT IS BEST?

    Should I make a will and leave her the house? Should I add her to deed and if so, do I need to add her to the mortgage? What are the costs for a New York State home for each scenario? What is the best protection?

    Roman’s Answer

    You ask a great question. The answer is, as always, "it depends". It depends on you and your wife's situation and plans down the road. A will should definitely be done, but you do avoid probate if you transfer it to joint names while alive. Before taking any steps, speak to an estate planning attorney who can look at your situation, discuss your options, and recommend a proper way forward. Best of luck.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike, Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

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  • I am a Ct. resident with Real prop in NYC.

    At my death do I pay NY estate taxes and if so what credit do I on my Ct. estate taxes?

    Roman’s Answer

    Real property owned in your name in NY is subject to NY estate tax. You should speak to a CT attorney about ramifications in CT. You can also consider transferring the property into an LLC, structured in a certain way, to make it personal property, subject to tax in CT, but not NY. Above all, you should speak to an estate planning attorney about your particular situation.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

    See question